Maryland Personal Injury Attorney | Statute of Limitations in a Personal Injury Lawsuit in Maryland

So you've been involved in an auto collision and sustained injuries but you don't have the time to schedule a doctor's appointment and handle the situation. Or maybe you have the time but you're overwhelmed because there seems to be a mountain of paperwork to read and your medical bills are getting uncomfortably high. Perhaps you've been meaning to consult an attorney but between your career and real life, you can't seem to make time. These are common situations for our clients who have been involved in auto collisions. However, it is important to understand that by delaying, you could be legally unable to file a claim and receive damages, even if you were the victim.

"Statutes of limitations" are laws that set time limits on how long you have to file a civil or criminal lawsuit. These time limits depend on the legal claim or crime involved in the case, and vary from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule, the time period begins to run on the date your claim arises or "accrues," like the day of the car accident.

The statute of limitations that applies to most tort cases in Maryland is MD Cts. & Jud. Proc. § 5-101, which provides that "a civil action at law shall be filed within three years from the date it "accrues" unless another provision of the Code provides a different period of time within which an action shall be commenced." Deciding when a cause of action accrues is often a matter of complex legal interpretation. It is a good idea to consult a lawyer to help you figure out when your cause of action accrued. Remember, once the statute of limitations has expired or "run," you can no longer file a lawsuit.

Columbia, MD Auto Accident Attorney | What You Should Not Do in the Event of an Auto Accident

If you've ever taken the time to look at the back of your insurance card, you'll see that the first tip most, if not all, insurance companies give you in the event of a car accident is "Do not admit fault." Some insurance companies use the word "never." This is absolutely crucial as anything you say can and will most likely be used against you. Do not ever admit fault. Even if it is your fault, do not come out and say it. Key phrases to avoid are, "I'm sorry," "I didn't see you there," and "I didn't mean to..." You should absolutely check to make sure no one is injured but do not apologize for the accident even if you think it was your fault. Oftentimes, it's not.

 Provide just the facts to the police officer who arrives on the scene. Stick to the facts and avoid giving any specific details. Ask the police officer who investigates the traffic scene to provide you with a business card and with the incident number, so that you can obtain an accident report. Most officers will provide this information to you, even if you don't ask.

 Call your own insurance company and report the car accident immediately. Your auto liability insurance policy requires that you do this. Just as you did with the officer on scene, provide only the facts of the accident to the insurance company representative. This includes the date, time, and location of the accident along with the names and addresses of all parties involved. Avoid going in depth and giving details about how or why you think the accident occurred. This is not to say that you should lie to your insurance company. That would be fraud. Just stick to the facts. Do not give a recorded statement, even to your own insurance company, as it is important to understand that you should consult an auto accident attorney before discussing anything related to "fault." An experienced attorney will take control of the case and the release of information.

Accidents are never an enjoyable experience. It's easy to get overwhelmed and hyper excited in such situations. Regardless, what you say and what you do immediately after an accident will impact your claim and your premium.